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, <br /> •7• <br /> NOW,THEREFORE,in consideration of the City allowing the private drive servicing <br /> the 3286 Parcel and the 3290 Parcel to be located in inside Place and the mutual benefits to <br /> be riprived therefrom, Segner and Merinos agree as follows: <br /> AGREEMENTS: <br /> 1. The foregoing recitals are incorporated as part of this Agreement. <br /> 2. All use of Hillside Place for access purposes to and from the 2260 Parcel and <br /> the 3300 Parcel shall be discontinued immediately upon execution of this Agreement. <br /> 3. Segner shall immediately construct,at her sole expense, a permanent fence <br /> - -. along the entire easteriy boundary of the 2260 Parcel and the 3300 Parcel abetting Hillside <br /> Place, Said fence shall at a minimum be 36" in height with two 2"X4" rails at approximately <br /> 18" and 36" above grade,with 4"X4" posts spaced 8' apart. No gate for vehicular access to <br /> Hillside Place shall be installed.as part of such fence. <br /> 4. Segner shall immediately and exclusively ntilire the existing driveway from the <br /> 2260 Parcel to Bayview Place for access to and from the 2260 Parcel. . <br /> S. Segner shall immediately construct at her sole expense, a new driveway access <br /> to Navarre Lane to service the 3300 Parcel, and shall thereafter exclusively utilize such new <br /> j driveway access to and from Navarre Lane to the 3300 ParceL <br /> L <br /> 6. Segner and Marinas agree that only the owners of the 3286 Parcel and the <br /> 3290 Parcel, and their respective invitees, shall be allowed to utilize that portion of Hillside <br /> Place legally described on Exhibit "C" attached hereto and made a part hereof(the"Private <br /> Drive")for private driveway purpose's as allowed by the City's Code Section 6.06, <br /> cee., <br /> Subdivision 9, except that incidental use of said right-of-way by public and/or private <br /> emergency vehicles, school buses and the public for access to adjoining properties or other <br /> incidental travel shall be permitted. <br /> 7. 1vfarinos and Segner hereby agree: - . <br /> (a) The Private Drive shall be constructed and maintained at Segner and <br /> 'Marinas sole expense in accordance with all applicable City Code <br /> requirements;and <br /> (b) Immediately upon notice to Merinos and Segner that the City desires to <br /> open Hillside Place for public travel,Merinos and Segner shall, at their sole <br /> expense, immediately remove the Private Drive and restore Hillside Place to <br /> grade. <br /> 12205942210/264 <br />